34DJPermitted questioning time

34DJ Permitted questioning time

(1) This section applies if an interpreter is not present in accordance with section 34DN or 34DO while the subject of a questioning warrant is appearing before a prescribed authority for questioning under the warrant.

Note: Section 34DK applies if an interpreter is present at any time during the questioning.

Time for questioning (2) The subject of a questioning warrant must not be questioned under the warrant by a person exercising authority under the warrant for longer than the permitted questioning period. (3) For the purposes of subsection (2), the permitted questioning period is: (a) 8 hours; or (b) if a prescribed authority before whom the subject is being questioned has extended the period in accordance with subsection (4) or (5)—that longer period.

Note: The subject of a questioning warrant may be questioned for a longer period of time if an interpreter is required: see section 34DK.

Extension of time for questioning (4) If: (a) the subject has been questioned under the warrant for a total of less than 8 hours; and (b) the prescribed authority before whom the subject is being questioned is satisfied of the matters in subsection (7); the prescribed authority may, just before the end of the 8 hours, extend the permitted questioning period to 16 hours. (5) If: (a) the subject has been questioned under the warrant for a total of more than 8 hours and less than 16 hours; and (b) the prescribed authority before whom the subject is being questioned is satisfied of the matters in subsection (7); the prescribed authority may, just before the end of the 16 hours, extend the permitted questioning period to 24 hours. (6) A person exercising authority under a questioning warrant may request the prescribed authority to extend the permitted questioning period. The request may be made in the absence of: (a) the subject of the warrant; and (b) a lawyer for the subject; and (c) if the warrant is a minor questioning warrant—a minor’s representative for the subject; and (d) any person the subject is permitted to contact. (7) The prescribed authority may extend the permitted questioning period only if the prescribed authority is satisfied that: (a) the questioning of the subject was conducted properly and without delay; and (b) there are reasonable grounds for believing that the extension will substantially assist the collection of intelligence that is important in relation to: (i) if the warrant is an adult questioning warrant—an adult questioning matter; or (ii) if the warrant is a minor questioning warrant—a minor questioning matter. (8) The prescribed authority may revoke the extension of the permitted questioning period. Revocation of the extension does not affect the legality of anything done in relation to the subject under the warrant before the revocation.